“The government argues that Ms. Mack obtained forced labor through ‘threats of serious harm,’ with serious harm being the embarrassment that would result from the exposure of one’s collateral,” Mack’s lawyers write.

“Courts have found, however, that such an outcome, albeit embarrassing, does not amount to serious harm under the statute.”

Mack’s lawyers cite a 2009 case in which a couple tried to sue the Church of Scientology for forced labor. The court in that case found that the couple could have left stopped working for Scientology and left even though they would be ‘excommunicated’ and labeled a ‘suppresive’.

“The threat of reputational damage and isolation from loved ones therefore did not qualify as serious harm,” Mack’s lawyers wrote.

Nvixm’s alleged victims were “educated, English-speaking adults, who were not forced or compelled to join the organization, nor kept physically isolated, and who could leave the organization at any time,” they argue.

This is the heart of the defense of the forced labor charges. For the ones who the prosecution will present as victims, the defense will show they were subject at most to embarrassment and that these women were intelligent adults who got into DOS voluntarily.

To combat their testimony further, the defense will bring witnesses who will testify that they were helped by DOS and of course nobody felt threatened.

Will it be enough to raise reasonable doubt?

At this point, Mack’s lawyers are hoping the judge will agree with them that based on the language of the indictment – the allegations do not rise to forced labor.

26 Comments

This whole collateral vs. blackmail material is damn interesting because you can argue that threatening to publish a person’s nude photos unless they do what you want is definite extortion but then there is also the fact that the victim handed the photos over willingly because that’s one of the requirements to join DOS, which the women knew and understood and did voluntarily.

At the end of the day I think Raniere, Bronfman, and Salzman are going to jail because of tax evasion and money laundering–the branding and forced labor aspects have too many components of the women choosing to be involved in DOS and the defense will use that to create reasonable doubt.

If Ms. Mack’s attorneys believe that publishing nude photos is not embarrassing, then let William F. McGovern and Sean S. Buckley provide nude photos of themselves to be published on the front page of the New York Post.
How about it, gentlemen?

First of all it is not “collateral.”
Collateral is used by banks to secure loans.
It is BLACKMAIL MATERIAL pure and simple.

I’ve read that in the case of Ms. Mack’s collateral there are allegations that Mack accused one of her relatives of engaging in serious criminal behavior.
I won’t mention the specifics or the person accused as the material appears to be a pure fabrication.
Ms. Mack and her lawyers appear to have no sense of shame to make an argument like this.

“Mack’s lawyers cite a 2009 case in which a couple tried to sue the Church of Scientology for forced labor. ”
Mack’s lawyers cite a civil suit.
This is a criminal prosecution.

“Nvixm’s alleged victims were “educated, English-speaking adults, ‘
So if you are an educated English speaker you have fewer rights than a Spanish or Chinese speaker?

:To combat their testimony further, the defense will bring witnesses who will testify that they were helped by DOS and of course nobody felt threatened.”
These are the rich high ranking Mexican members of DOS like Rosa Laura Junco and Loretta Garza.
These are the women who want guarantees that they won’t be prosecuted if they come to America to testify.
In other words THESE WOMEN ARE THEMSELVES POTENTIAL CRIMINAL DEFENDANTS IN THIS CASE.
Junco herself brought Mexican girls to the US to work as slaves and Garza was with Raniere in Puerto Vallarta when he was arrested.

Ironically, the release of her own collateral would no doubt result in “serious harm” to her own family but here you have lawyers being paid by a third party who will likely be blindsiding her to the obvious.

It’s called blackmail, held over one’s head to induce one to perform acts one would otherwise not do of their own free will.

They extorted services, both physical and sexual through blackmail.

Keep in mind these top folks in NXIVM knowingly participated in breaking down, bit by bit, one’s boundaries.

The top folks used NLP. If you study NLP you will soon realize it is used on one in advertising all the time. Read Vance Packard’s The Hidden Persuaders. He showed early on how subliminal messages are utilized.

I maintain they knew exactly what they were doing, Allison, Nancy, et al, and major proof of that is NXIVM members being told by Allison to seduce Keith.

Slick, isn’t it? He avoids complicity.

I am boggled by the fact women betrayed other women over and over.

For Nancy, it had to be the money and power and yet what decent human would betray the daughters she carried beneath her heart for 9 months? Yet she did and did so knowingly.

Animals have more decency than Nancy does.

I maintain none of these top NXIVM is redeemable. Their minds are twisted.

I agree that not one of this people can be rehabilitated. It is my opinion KAR and Nancy are psychopaths who found one another and devised a scheme to both their benefit. The women who lured the unsuspecting into DOS are equally complicit. All those at the top were only looking out for themselves and their personal gratification and this is why I do applaud Sarah Edmondson for speaking out. I know others hold her responsible for harming them but she did come forward and help to stop them. Others had spent years of their life trying to get people to listen but once the branding was public information steps had to be taken. It is a real sad comment on our society that that is what it look for action to be taken.